Salida City Zoning Code

The purpose of this Article is to:

(a)

Protect, preserve, enhance, and perpetuate historic buildings, sites, structures, and neighborhoods which capture, exemplify, and reflect the cultural, social, architectural, and economic history and character of Salida.

(b)

Promote high standards of building design and preservation in historic neighborhoods to protect and perpetuate an atmosphere reflective of and consistent with the history and historic character of Salida.

(c)

Promote and maintain the attractiveness and use of historic buildings, sites, structures, and neighborhoods for the benefit and enjoyment of Salida residents, tourists, and visitors, and enhance and strengthen business and the economy of the city.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Establishment.

(1)

The Salida Downtown Historic District (SDHD) Overlay is established for the purpose of protecting, preserving, stabilizing, enhancing, and perpetuating the buildings, sites, structures, and character of Salida's original historic downtown area.

(2)

All areas within the SDHD Overlay shall remain subject to this Code, including the regulations contained within this Article.

(b)

Map. The SDHD Overlay includes all areas within the boundaries of the SDHD Overlay established and identified by the National Park Service of the U.S. Department of the Interior and as defined and illustrated in the Zoning Map of the City.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Establishment.

(1)

The Local Historic Landmark (LHLO) Overlay is established for the purpose of protecting, preserving, stabilizing, enhancing, and perpetuating individual historic buildings, sites, and structures that exemplify the history of Salida.

(2)

All areas within the LHLO Overlay shall remain subject to this Code, including the regulations contained within this Article.

(b)

Map. The LHLO Overlay shall apply to individual properties that meet the designation criteria of this Article and may be located anywhere within Salida. Upon approval of a designation ordinance, the Director shall place the amendment on the Zoning Map.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Applicability. Applications for the establishment of a historic district or landmark may be initiated by any resident within the City, any property owner owning the proposed landmark or any property owner owning property within the proposed district, or upon the initiative of the Director, the Historic Preservation Commission (HPC), Planning Commission, or City Council.

(b)

Procedures. A local historic district or landmark may be designated by the submission of a nomination petition per this Section. No building permit, demolition permit, or other permit required to undertake an external improvement or alteration on any lot, building, structure, or site shall be processed, approved, or issued for any lot, building, structure, or site under consideration for designation as an historic district or landmark pending the final determination of the petition by City Council.

(1)

Pre-Application Conference. Attendance at a pre-application conference is required for an applicant intending to submit a nomination petition to establish a historic district or landmark.

(2)

Application Submittal and Handling. The applicant shall submit a complete application to the Director containing those materials listed in Subsection 16-7-40(c), Application.

(3)

Staff Review and Action. The Director shall review the application to determine whether it is complete. Upon determination of the application being complete, the Director shall contact the owners of the proposed landmark or historic district outlining the reasons and effects of designation and, if possible, secure the consent of the owners to such designation. The Director shall forward a report to the HPC, which summarizes the application's compliance with the review standards contained in Subsection 16-7-40(d), Review Standards, and other applicable provisions of this Code. The technical comments and professional recommendations of other agencies, organizations, and consultants shall be solicited in drafting the report, as necessary.

(4)

Scheduling and Notice of Public Hearings. Public notice that a nomination for establishment of a historic district or landmark is being considered by the HPC shall be provided as specified in Subsection 16-8-30(e), Scheduling and Notice of Public Hearings. Notice shall contain a name for the new district or landmark and accurately describe the proposed geographical boundaries of the district or landmark. Additionally, written notice of the public hearing shall be mailed via certified mail to all owners of record, as reflected by the County Assessor, of all of the property included to be designated fifteen (15) days prior to the hearing.

(5)

Review and Decision. The HPC shall conduct a public hearing to review the conformance of the nomination application with all applicable provisions of this Article and this Code. If the HPC finds that the application is in conformance, it shall make a recommendation that the City Council approve the application. The HPC shall make written findings and recommendations concerning the merits of the petition and forward the same on to the City Council.

(6)

Public Notice by City Council. Notice that the City Council shall consider the nomination application to establish a historic district or landmark shall be provided as specified in Subsection 16-8-30(e), Scheduling and Notice of Public Hearings.

(7)

Review and Decision by City Council.

a.

General.

1.

Following public notice, the City Council shall conduct a public hearing on the petition.

2.

A determination by the City Council to establish a historic district or landmark shall be made by written ordinance that shall, at a minimum, contain an accurate description of the district's or landmark's geographical boundaries and be accompanied by an accurate map depicting the boundaries as finally determined by the City Council and a statement of findings supporting the granting or denial of landmark designation status.

3.

Attendance by the owner at the City Council meeting shall not, at the owner's option, be required, but shall be strongly recommended. A copy of the ordinance shall be promptly sent by certified mail, return receipt requested, or personally delivered to the owner of the subject property.

b.

Nonconsenting Owner.

1.

If the owner of a proposed landmark does not consent to the proposed landmark designation, approval shall require the assent of at least five (5) of the six (6) members of City Council.

2.

The basis for approval shall be that the property has overwhelming historic importance to the entire community. Overwhelming historic importance shall encompass the following: possessing such unusual or uncommon significance that the structure's potential demolition or major alteration would diminish the character and sense of place in the community of Salida.

3.

Consent required for a proposed historic district shall comply with Subsection 16-7-40(d)(1)c.

(8)

Post-Decision Actions and Limitations.

a.

Notice of Decision.

1.

The ordinance shall be promptly published in a newspaper of general circulation within the city or a certified copy of the ordinance and the final approved district map shall be recorded in the real property records of the County Clerk and Recorder.

2.

The final approved ordinance shall be maintained in the office of the City Clerk.

(c)

Application. An application for designation of an historic district or landmark shall contain the following information:

(1)

General Development Application.

(2)

Narrative describing the purpose and rationale of the designation request.

(3)

Geographic Boundaries.

a.

An adequate description of the geographical boundaries of the proposed district or landmark and a map accurately defining the boundaries of the proposed district or landmark.

b.

A proposed name for the proposed historic district or landmark.

(d)

Review Standards. In determining whether a historic district or landmark shall be established, one (1) or more of the following relevant criteria shall be satisfied:

(1)

Historic District.

a.

The proposed district contains and is defined by a certain style of buildings, sites, structures, and/or appearance associated with a significant period, person, event, or architectural style in the history of Salida.

b.

The buildings, sites, structures, and/or appearance of the proposed district possess historical and/or architectural significance which identifies or differentiates the district from surrounding areas, and/or where variations or changes would harm the unique historic character or value of the buildings, sites and structures within the district.

c.

At least fifty-one percent (51%) of the responding property owners in the proposed district must not object to the designation. A survey of support for the creation of the district must be solicited via certified mail, with each property owner in the proposed district permitted one (1) response. A lack of response will not be considered either an affirmation of support or a negative response to the creation of the district. Certified mailings must be sent at least thirty (30) days prior to action by the HPC, with responses due at least fifteen (15) days prior to action by the HPC. Surveys received, dated, or postmarked after the deadline shall not be counted.

(2)

Landmark.

a.

Exemplary Property. The subject property exemplifies or reflects the cultural, social, economic, political, engineering, or architectural history of Salida.

b.

Historic Significance. The subject property is identified with an historically important person or persons, or with an important event in the history of the City, region, State, or nation.

c.

Architectural Significance. The subject property embodies the distinguishing characteristics of an architectural style, type, or specimen valuable for the study of a period, type, or method of construction, or the use of indigenous materials or craftsmanship.

d.

Noted Designer. The subject property is representative of the work of a notable or master architect, builder, engineer, or designer whose work influenced architecture, building, design, or development in the City, region, State, or nation.

e.

Archeological Importance. The subject property contains or reflects significant archeological importance.

f.

Contributing Building or Structure. The subject property has been listed as a contributing building or structure within a historic district or nominated for inclusion and/or listed on the National Register of Historic Places or the State Inventory of Historic Places.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Purpose.

(1)

Consistent with the purposes of this Article, the purpose of this Section is to:

a.

Preserve the historic districts and historical buildings and sites, and architectural resources of the City through limitations on the demolition and relocation of landmark and contributing buildings, structures, or sites to the maximum extent feasible

b.

Regulate the demolition and relocation of nonlandmark and noncontributing structures within historic districts.

c.

Discourage the demolition and/or relocation of landmark and contributing buildings, structures and sites in favor of preservation, renovation, adaptive reuse, or relocation within a historic district.

(2)

However, it is also recognized that structural deterioration, economic hardship, and other factors not within the control of a property owner may cause or require the demolition or relocation of a landmark or contributing building, structure or site.

(b)

Certificate of Approval Required. No landmark or contributing building, structure, or site, and no building, structure, or site within a historic district, may be demolished or relocated without first having been approved through the issuance of a certificate of approval (CA) per Section 16-7-60, Certificates of Approval.

(c)

Major Activity. An application for a CA to demolish a landmark or contributing building, structure, or site, or a building, structure, or site within a historic district, shall be considered a major activity.

(d)

Demolition by Neglect. No owner or person occupying or using a landmark or contributing building, structure, or site shall allow or cause the demolition, destruction, damage, or deterioration of such building, structure, or site by neglect. Any violation shall be enforced through the procedures and remedies in Section 16-1-70, Enforcement.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Applicability.

(1)

General.

a.

No building permit for work or activity requiring a certificate of approval shall be valid or issued by the Building Official absent the receipt by the official of the necessary certificate of approval (CA). Conversely, the issuance of a CA shall not relieve an applicant from having to obtain any and all other permits or approvals for the subject work or activity as may be required under the City's Land Use Code, Building Code, or other codes.

b.

A CA may be made subject to terms, conditions, or limitations as determined necessary to protect and preserve the structural, aesthetic, and/or historic integrity and value of the building, structure, or site to which it pertains. A CA shall not constitute a site-specific development plan or vested property right and, unless acted upon in a substantial fashion or otherwise specifically authorized and provided for in the permit, shall automatically expire one (1) year from its date of issuance, unless extended by order of the HPC.

(2)

Minor Activity. A minor activity includes:

a.

The replacement of surface materials such as roofing or siding or an exterior architectural feature with materials and design substantially similar to the existing materials or design;

b.

The installation, removal, or replacement of a sign, sign support that attaches directly to a structure, a fence, an awning, roofing material, or a dumpster enclosure;

c.

The reuse of an existing window or door opening which has been covered or filled through installation of a replica of a historic door or glazing;

d.

Those activities deemed to not detrimentally impact or influence in any substantial way the historic integrity or appearance of a landmark building, structure, site, or designated historic district, or as deemed to be minor upon petition to and determination by the Director.

e.

Alteration (including painting) of any existing brick or masonry surface (unfinished or finished/painted) in such a manner as to potentially impact the integrity of the brick or masonry surface; and

f.

Installation, removal, or significant alteration of any sign attached or affixed to any masonry surface on a contributing structure, including hardware and supporting elements.

(3)

Major Activity. A major activity includes:

a.

Altering existing unfinished or unpainted brick, stone or stucco, specifically, application of sealant, paint, stucco, texture, or other material that would conceal, alter, or damage the exterior of any contributing or landmark building with an existing unfinished or unpainted brick, masonry, or other unfinished siding or structural element;

b.

Alteration of existing murals or signage greater than nine (9) square feet that are painted directly onto brick, stone, stucco, or wood surfaces;

c.

An activity not defined or qualifying as an insubstantial or minor activity, including, but not limited to, reconstruction, rehabilitation, remodeling, renovation, relocation, or demolition;

d.

Alterations, additions, or other work performed on a building, structure, or site that result in the increase or decrease of site coverage, floor area, or exterior wall or roof surface, excluding temporary features such as seasonal shade structures and food trucks;

e.

The installation, alteration, or removal of a window or door opening;

f.

The replacement or repair of surface materials such as roofing or siding or an exterior architectural feature with materials or design not substantially similar to the existing materials or design;

g.

The cleaning of an exterior surface of a contributing or landmark building or structure by sandblasting, high-pressure spraying, or other chemical or mechanical means; and

h.

Those activities deemed to potentially impact or influence in any substantial way the historic integrity or appearance of a landmark building, structure, site, or designated historic district, or as deemed to be major upon petition to and determination by the Administrator.

(4)

Exempt Activity. A CA shall not be required for:

a.

Interior alterations, such as renovation, repair, reconstruction, or rehabilitation of a landmark or contributing building or structure, or for any other building or structure within an historic district.

b.

Undertaking ordinary exterior maintenance and/or repair if such work involves and is carried out using materials and elements identical in appearance to the materials and elements being repaired or worked on, and such maintenance and/or repair does not substantially alter the appearance, composition, or texture of the exterior appearance, feature, or surface of the building or structure.

(b)

Procedures. Applications for a CA shall follow the procedures outlined in this Section.

(1)

Pre-Application Conference. Attendance at a preapplication conference is recommended for an applicant intending to submit an application for a CA.

(2)

Application Submittal and Handling. The applicant shall submit a complete application to the Director containing those materials listed in the Administrative Manual.

(3)

Staff Review and Action. The Director shall review the application to determine whether it is complete. The Director shall forward a report to the HPC, which summarizes application compliance with the review standards of Subsection 16-7-60(c), Review Standards, and other applicable provisions of this Article. The technical comments and professional recommendations of other agencies, organizations, and consultants shall be solicited in drafting the report, as necessary.

(4)

Scheduling and Notice of Public Hearings. Public notice that the HPC will hold a public hearing for a major CA shall be provided as specified in Subsection 16-8-30(e), Scheduling and Notice of Public Hearings. Public notice is not required for applications for a minor certificate of approval.

(5)

Review and Decision.

a.

Minor Activity. An application regarding minor activity shall be reviewed and ruled upon by the Community Development Department and, as needed, two (2) designated members of the HPC within fifteen (15) business days from the date the application was deemed complete. If it is determined that the application pertains to minor activity only or to activity that will not detrimentally impact or influence the historic integrity and/or appearance of a landmark or designated historic district, a CA shall be issued authorizing the activity. If it is determined that the application pertains to major activity, it shall be referred to the HPC for review and determination at a regular or special meeting.

b.

Major Activity. An application regarding major activity shall be reviewed and ruled upon by the HPC at a regular or special meeting to be conducted within thirty-one (31) days from the date the application was determined complete, or within such longer time period as necessary to reasonably accommodate the application on an HPC meeting agenda. The unexcused absence of the applicant from the meeting shall cause the HPC to deny the application or, at the HPC's option, continue the matter to a later meeting date of its choosing.

(6)

Actions Following Approval. A copy of each approved CA shall be transmitted by the Director to the Building Official, if required, promptly upon its issuance.

(c)

Review Standards.

(1)

Historic Landmark; Contributing Buildings, Structures or Sites. All work performed in completion of an approved CA shall be in conformance with the most recent edition of the Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings, published by the U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the Community Development Department).

(2)

Supplemental Guidelines. In addition to the other standards of this Article, the following minimum criteria will be applied in reviewing and evaluating an application for a CA with respect to a historic landmark or contributing building, structure, or site:

a.

Architectural Character. Whether and/or to what extent the proposed work will preserve, protect, change, diminish, disguise, obscure, detract from, or destroy the appearance or structural integrity of the historic features, design, materials, character, or value of the structure or site.

b.

Original Materials. Whether original designs, materials, finishes, and construction techniques that characterize the historic value and appearance of a structure or site can be retained, restored, or repaired as opposed to replaced, and whether replacement designs, materials, or finishes can match and/or accurately replicate the originals.

c.

Minimum Change. Whether and/or to what extent the proposed work will require more than a minimal change to the historic appearance, materials, or integrity of the structure or site.

d.

New Construction. New additions, exterior alterations, and related work shall not destroy or detract from the existing historic structure and materials to the maximum extent feasible. Any new construction or alterations shall be differentiated from, but compatible with, the existing size, scale, and exterior architectural features of the structure or site so as to protect its historic identity and integrity.

e.

Historic Appearance. Work that will protect or return the original historic appearance of a structure or site, especially where documented by photographs, historic research, or other credible evidence, shall be encouraged and favored.

f.

Work Necessary. Whether the proposed work is required or necessary to comply with a building, fire, or other health/safety code.

(3)

Design Guidelines. Design guidelines supplementing the criteria set forth in this Section for the review, evaluation, and approval of CAs are available at City Hall. Guidelines shall be enforced and have the same effect and authority as if fully set forth in this Section, and violations of guidelines shall be subject to the same penalties for violations of any other section contained in this Article.

(4)

Activities within Designated Historic Districts. The following minimum criteria will be applied in reviewing and evaluating an application for a CA with respect to a non-landmark or noncontributing building, structure, or site within a designated historic district.

a.

Enhance District. Whether and/or to what extent the proposed work will enhance and advance the purposes and intent underlying the establishment of the district.

b.

Overall Character. New structures and additions, exterior repairs, or alteration of existing non-landmark and noncontributing structures shall be compatible with the historic architectural character, scale, shapes, sizes, heights, facades, and materials predominant in the district to the maximum extent feasible.

c.

Specific Compatibility. New structures and additions, exterior repairs, or alteration of existing non-landmark and noncontributing structures shall specifically harmonize with neighboring landmark and/or contributing structures or sites with regard to height, scale, shape, size, facade, materials, setback, landscaping, and exterior architectural features to the maximum extent feasible.

d.

Work Necessary. Whether the proposed work is required or necessary to comply with a building, fire, or other health/safety code.

(5)

Demolition or Relocation. The following criteria shall be used in determining whether a CA should be issued for the demolition or relocation of a landmark or a building, structure, or site within a historic district:

a.

The historic, social, or architectural significance of the building, structure, or site.

b.

The structural soundness and safety of the building, structure, or site.

c.

In the case of a landmark or contributing building, structure, or site, whether the same can be rehabilitated, renovated, or restored at its current location as part of an economically feasible and beneficial use of the property.

d.

In the case of a landmark or contributing building, structure, or site, whether the same has been properly maintained and/or been subject to disrepair, deterioration, and/or demolition by neglect.

e.

In the case of a landmark or contributing building, structure, or site, whether the same can be relocated to a historically appropriate alternative location in a manner that will protect and insure its structural integrity.

f.

The impacts of the proposed demolition or relocation of the building, structure, or site, and the planned redevelopment of the site, on the historical character of the existing neighborhood.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

This Article shall not prohibit the issuance of orders or correction notices, or the implementation of emergency enforcement actions, authorized by law for the purpose of correcting or abating conditions relative to any contributing landmark or other building, structure, or site determined to be dangerous to life, health, or property in accordance with building and/or life and safety codes adopted by the City, and/or such other governing authority with jurisdiction, including, when deemed necessary, the demolition or partial demolition of a building or structure.

(b)

When emergency action is not essential, all work or activity normally subject to the provisions and procedures of this Article shall be undertaken and performed in compliance with this Article.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Procedures.

(1)

The procedures established for a landmark designation, contributing designation, or historic district designation to any building, structure, site, or district in Section 16-7-40 shall be followed in applying for and processing a petition for the removal, rescission, or modification of such a designation.

(2)

Removal, rescission, or modification of a landmark designation, contributing designation, or historic district designation awarded to any building, structure, site, or district by the United States Department of the Interior and/or the State of Colorado, shall be done in accordance with the procedures and standards established by said governmental authority.

(b)

Findings. The removal, rescission, or modification of a landmark designation, contributing designation, or historic district designation to any building, structure, site, or district shall only be approved upon a finding by the City Council, following a noticed public hearing, that the building, structure, site, or district no longer satisfies the eligibility criteria for landmark, contributing, or historic district status, and that it would be in the public interest and welfare to remove or rescind such designation.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)

(a)

Violation of the provisions of this Chapter shall be punishable as set forth in Chapter 1, Article IV, of this Code.

(b)

Each separate violation and each day any violation continues shall constitute a separate offense and be subject to the penalties specified in this Section.

(c)

Any development, activity, facility, or structure which is continued, operated, or maintained in violation of the provisions of this Article, or the terms and conditions of a CA or any other permit, shall be subject to injunction, abatement, and/or other appropriate legal remedy as may be sought and obtained by the City, in which event the City shall be entitled to recover its reasonable costs and attorney fees from the offending party or parties.

(d)

All penalties and remedies for violations of the provisions of this Article shall be nonexclusive and cumulative, and the City's pursuit and/or exercise of one (1) remedy or penalty shall not foreclose or prohibit the pursuit and exercise of alternative or other remedies.

(Ord. No. 2025-17, § 2(Exh. A), 10-7-2025)